Allahabad High Court

Durgesh Kumar vs State Of U.P. And Another on 1 May, 2025





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:68414
 
Court No. - 73
 

 
Case :- APPLICATION U/S 482 No. - 4064 of 2025
 

 
Applicant :- Durgesh Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vishal Agarwal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.

1. Heard Sri Vishal Agarwal, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A.

2. Though the application u/s 528 BNSS has been preferred by the applicant for quashing the summoning order dated 05.06.2024 passed by court of learned Additional Chief Judicial Magistrate, Court No. 7, Agra in Complaint Case No. 9488 of 2024 (Vistaar Financial Services Pvt. Ltd. Vs. Durgesh Kumar), U/s 138 N.I. Act, Police Station Kamla Nagar, District Agra, pending in the court of Learned Additional Chief Judicial Magistrate, Court No. 7, Agra/Competent Court and all consequential proceedings thereon, but learned counsel for the applicant has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Sayed Babalal H., (2010) 5 SCC 663 and till the said application is preferred, protection be accorded.

3. Learned A.G.A. has no objection to the same.

4. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 09.05.2025 and the court below is directed to decide the same with most expedition, preferably within 60 days.

5. Till 60 days from today, no coercive action shall be taken against the applicant with respect to the summoning order dated 05.06.2024 passed by court of learned Additional Chief Judicial Magistrate, Court No. 7, Agra in Complaint Case No. 9488 of 2024 (Vistaar Financial Services Pvt. Ltd. Vs. Durgesh Kumar), U/s 138 N.I. Act, Police Station Kamla Nagar, District Agra, pending in the court of Learned Additional Chief Judicial Magistrate, Court No. 7, Agra/Competent Court.

6. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.

Order Date :- 1.5.2025

N.S.Rathour

(Vikas Budhwar, J)